At The Law Offices of Jacob Emrani, we handle a wide range of defective product cases. There are a few common types of lawsuits that involve defective products. A defect may originate with an item’s design, manufacture, or included instructions or warning label. Below, we’ll detail common types of these cases to help you know when to call a personal injury attorney.
1. Defective Design
A defect in a product’s design can make a product inherently dangerous. Examples include a person being burned by a defective cooking appliance or a power tool missing a safeguard such as an automatic shutoff. In such cases, the manufacturer can often be liable to compensate you for damages.
2. Defective Medical Devices/Medications
A defective medical device can do substantial harm to a patient. In some cases, the impacts of approved devices weren’t known until they were in use for some time. The effects can include illness, additional injury, or the need for additional surgery. Hip replacement devices, pacemakers, and other implants have been the subject of defective medical device cases, which have addressed issues ranging from intentionally concealed problems to failure to account for a device’s rate of decay in the body.
Similarly, some medications have side effects that aren’t known until they are in use. The consequences can include illness, severe injury, and birth defects. It can take a person time to recover from drug defect injuries, and death has also occurred with dangerous medications. The type of claim depends on the circumstances:
- A pharmaceutical company can be liable if it rushes a product to market without adequate testing or the warning label doesn’t cover all the side effects.
- A medical malpractice claim can be pursued against a physician who improperly recommended the type or dose of a medication.
3. Automotive Defects
Driver error is the most common cause of car accidents. However, a small percentage of crashes, particularly single-vehicle wrecks, are caused by equipment defects. If there’s a part recall, bringing the vehicle to a dealership can avoid problems. Airbags, seat belts, tires, and brakes are prone to manufacturing or design defects. One doesn’t need proof an auto manufacturer or parts maker acted carelessly to hold it strictly liable for a victim’s injuries.
4. Defective Workplace Products
If a defective product injures you on the job, you can likely pursue workers’ compensation benefits. However, you may have other options. Your attorney can help you bring a claim against the product manufacturer, which often results in a full replacement for your lost income and compensation for pain and suffering.
5. Hidden Defects
Other examples of hidden product defects include contaminated food at a food processing plant and caused personal injury. Toxic chemicals can also be addressed in a defective product case if, for example, lead is found in paint, asbestos is found in insulation, or dangerous pesticides are sprayed on crops. Individuals poisoned by these and other substances can recover damages from liable parties.
6. Failure to Warn
A case involving a failure to warn involves claiming the manufacturer didn’t exercise its legal duty to notify you about the product’s inherent risks. Pharmaceutical companies are often the subject of such a claim. However, a warning/labeling defect can apply to nearly any type of product, including toys, furniture, gardening equipment, hand tools, and appliances. It doesn’t necessarily mean a warning label is absent; a poorly worded or placed warning can be the subject of a claim.
Types of Liability Claims
When defective products cause injuries, there are different types of claims to consider. Therefore, you can pursue a lawsuit that involves:
- Negligence: The basis for a negligence claim is that a manufacturer didn’t take proper care in designing a product (making it inherently unsafe). Or, it allowed negligent practices in the manufacturing process. Both require showing a lot of proof to win a case.
- Strict Liability: Generally applied to product liability, strict liability means if the plaintiff shows proof the product is defective, the defendant is liable, regardless of intent. Courts can use the risk-utility test (the utility of the product outweighs its inherent risk) or the consumer expectation test (if a product has a defective design, would a reasonable consumer find it to be defective if used for its intended purpose?).
- Breach of Warranty: A breach of warranty can mean a product doesn’t function as intended, doesn’t last as long as promised or has inherent dangers when marketed as safe to use. An explicit warranty, expressed in writing or verbally, can be breached if a product doesn’t perform the way a manufacturer says. An implied warranty can be breached if a product causes injury when it’s advertised as safe.
Contact The Law Offices of Jacob Emrani
Defective products have caused harm to people across California. Our Los Angeles product liability lawyer can help if a product defect or other issue has injured you. We fight for you and have recovered millions of dollars in damages for clients. Our experienced and knowledgeable attorneys will determine whether you have a defective product claim against a manufacturer or other party, and help build a strong case to ensure you’re fairly compensated.
To request your free consultation, call (888) 952-2952 today.